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Home My WebLink About01-6775BROUJOS & GILROY, P.C. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717-243-4E~'?~- 1690 CHRISTOPHER D. THORPE, Plaintiff LINDA I. SEDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - ]-,-/75 EQUITY ACTION NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 CHRISTOPHER D. THORPE, Plaintiff LINDA I. SEDELL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01- ~'7'7.~C ~'/~1~ ~ : EQUITY ACTION COMPLAINT Plaintiff, Christopher D. Thorpe, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Christopher D. Thorpe, is an adult individual residing at 1591 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania. 2 Defendant, Linda I. Sedell, is an adult individual residing at 1581 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant are the owners of two tracts of real estate described as follows: A. A tract of ground located in Penn Township, Cumberland County, Pennsylvania, more fully set forth on the attached Exhibit "A", being the same property conveyed by deed of Christopher D. Thorpe and Linda I. Sedell dated September 3, 1993 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 36 "M", Page 1060. $ Plaintiff has contributed much more than the Defendant in connection with the acquisition of the two parcels of real estate and Plaintiff is entitled to other adjustments of a monetary value in connection with any ultimate partition of the two properties. A listing of Plaintiff's contributions and adjustments that Plaintiff seeks after partition of the real estate is as set forth on the attached Exhibit "C". WHEREFORE, Plaintiff requests your Honorable Court to grant the following relief: A. That the court decree partition of the said three parcels of real estate; B. That Plaintiff be awarded a credit in the distribution of the proceeds of the partition based upon Plaintiff's contributions and other adjustments as noted on Exhibit "C"; C. Upon an appropriate credit allowed to Plaintiff as set forth in Sub- Paragraph B above; that the share or shares to which the respective parties are entitled be set out to them and that ali proper and necessary conveyances and assurances be executed for carrying such partition into effect; and that, if the said parcels of real estate cannot be divided, either in total or separately, without prejudice to or spoiling the whole; such proper and necessary sale or sales of the same be made by such persons and in such manor as your Honorable Court may direct; D. Such other further relief be granted as the court deems just and proper. Respectfully submitted, BA~:~:Y~f°~iilP~oaiyn,! r°Y' i' .~ .~ ~ ~~ 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 MADE THE Lord one BETWEEN THIS DEED ~ ~ day of ~w~ in the year of our thousand nine hundred ninety-three (1993) CHRISTOPHER D. THORPE and LINDA I. SEDELL, ~' - of Newville, Cumberland County, Pennsylvania, hereinafter and (Grantors) CHRISTOPHER D. THORPE and LINDA I. SEDELL of Newville, Cumberland County, Pennsylvania, hereinafter (Grantees) WITNESSETH, that in consideration of One Dollar and 00/100 ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns as joint tenants with the right of survivorship and not as tenants in common: ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the centerline of Walnut Bottom Road (S.R. 0174); thence along the centerline of Walnut Bottom Road South 80 degrees 59 minutes 02 seconds West 57.78 feet; thence continuing by said centerline South 84 degrees 43 minutes 03 seconds West 55.02 feet to a point at the coraer of Lot 2 on the hereinafter mentioned Subdivision; thence along Lot No. 2 on the hereinafter mentioned Subdivision North 06 degrees 54 minutes 59 seconds West 119.42 feet to an iron pin; thence continuing along the same North 32 degrees 12 minutes 38 seconds East 87.16 feet to an existing iron pin at the corner of lands now or formerly of William S. Thorpe; thence continuing along said lands of Thorpe North 80 degrees 59 minutes 02 seconds East 57.78 feet to a point; thence continuing along the same South 06 degrees 54 minutes 59 seconds East 188.6 feet to the Place of BEGINNING. BEING all of Lot No. 1 on the Final Subdivision Plan for Christopher D. Thorpe and Linda I. Sedell recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book ~6 , Page 85 BEING a portion of the premises which Christopher D. Thorpe and Linda I. Sedell granted and conveyed to Christopher D. Thorpe and Linda I. Sedell by deed dated October 27, 1989 and recorded in the Office of the Recorder of Deeds in Deed Book 34-G, Page 50 THIS is a tax exempt conveyance for the purposes of correcting the legal description as reflected on the Subdivision Plan. AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. z[1060 II IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year above written. SIGNED, SEALED ;~ND DELIVERED. '- '-~:c-~. State of Pennsylvania: County of Cumberland: On this, the '~e~) da.. of ~ ' -- me, the undersi~ne~ -==. ~ ~ ~ ~- Thorpe and Lind~ ~ ~r ~ersonally' appeared Ch~2~2~_~e~e~ to ~ ~- '' ~t K~OW~ tO ~ t ...... ---"~ instrument, and acknowledged that they executed the same for ~ ~-= persons whose name ..... ~ ~ saulsIactorlly prov .... ~ ~= suDscrlDed to the withih PU{U~ms,- therein contained. ,,j":{~}j~ESS WHEREOF, I hereunto ~t my hand and .-,,..~. ~ ,. post.oftice addres- -~ i~ ~a~ preclse residence ae~ B6' .= ~ cae within na . ttom Road, Newvllle, PA 17241 ~ed grantee ~s 1591 Walnut Attorney for ~_ CO~ONWEALTH OF PENNSYLVANIA: County of ~ ~ss , .~(..'¥:,' RECORDED on this ,~P,¥,'.: fl~.' ">~:<~;t~:d ~ .... ~ven under mY ~ana an t ,:~$"~":'? :t~:~'~ ~,~-' .' office, the d ~e seal of the said .~ ~. ;...~,,.~.:,;~. ..,; ...,.,¥. date above wrlt ~ =' '. '~?':/~t~ . .;:;~ ~ ~ ten. p," ~"~ ~ .'~" ¥ ~) ~." ' _~-Recorder ~ R~CO~O~R,S u~ ONlY ~'~'~'"~ ' REAL ..... Is'°" r°' ~'~" ~- ] COMMONWeALTH O' p~NNSYLVANiA I /T IRANSFER TAX ~ / ~:i ~u~ENr~ ~EYEHU~ ~ STATEMENT OF ~-,,~ ~,~o, N~ . ~ .*~*SBU~G. e, ~X~OS.ae~o See Reverse for Instructions 6 Comp~ele each secNon and ~ · Jn dupfica~e with Racer ? wJlhout consldero~ion, or by aih ~r ~' · d~r of. Deeds When (~) Ihe ~ull v-lue/ ..... · · ~ ...... p or [xl pum~c ulmly easemenl l~ more s~ace s ne-d ~ s ~ol[e~red If Ihe rons[er is wko - D . , · deed Nome r euea, a~lacn aadffmnal sheel(s). . r ~xemp~ ~rom lax ' ' ' ..... :'' '' PA 17241 · Area Code I 717 ) 243-6222 Carlisle PA 17013 C2tristc~er D. ~2hort~ & L~ /. Sedell 1591 Walnut Bottom Road Newville gh S;me Zip Co PA 17241 h Acluol, SL aa [] Will or inlesrafe succession [] Transfer to Industrial Development Agency. IN"m~'O'ced'"'l-- - ~ ~m, Fil~uu~nb,,l [] Transfer to agenl or straw party. (Atlach copy of agency/straw party agreement). [] Transfer belween principal and agenL IAllach copy of agency/slraw ~rusl agreemenl). Tax paid prior deed S __ [] Transfers to the Commonwealth, the Uniled SIoles, and Instrumenloliries by gift dedlcalion, condemnotlon or in ~ieu of condemnallon. IAtlach copy of resolulion). [] Transfer from mortgagor Io a holder of a mortgage in defaull. Morlgage Book Number ~ , Page Number [~ Correclive deed (Allach copy of the prior deed). [] Slolulory corporale consolidal~on, merger or division. IAIIoch copy of articles). [] Other (Please explain exemplio.n claimed, if other than I/sled above.) as reflected Q~ t_he Subdivisica~ Plan. For the s of correct' the 1 Under penallles of law, I declare that I have examined this Statement, and bellef~ Il is true, correct and complete. Includlng accompanying information, and to the best of my ~nowledge RO:JEI?T p. ZIECL£R THIS DEED CUI'IBEP, LAIiO COUtCTy.pA MADE THE ~-h day of T,ord one thousand nine hundred n~nety-three (1993) our BETWEEN CHRISTOPHER D. THORPE and LINDA I. SEDELL, of Newville, Cumberland County, Pennsylvania, hereinafter (Grantors) and CHRISTOPHER D. THORPE and LINDA I. SEDELL of Newville, Cumberland County, Pennsylvania, hereinafter (Grantees) WITNESSETH, that in consideration of One Dollar and 00/100 ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns as joint tenants with the right of survivorship and not as tenants in common: ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the centerline of Walnut Bottom Road (S.R. 0174) at the corner of Lot No. 1 on the hereinafter mentioned Subdivision Plan; thence by said centerline South 84 degrees 43 minutes 03 seconds West 394.98 feet to a point; thence by lands now or formerly of Lester B. Naugle and Dorothy K. Naugle North 08 degrees 15 minutes 00 seconds West 220.28 feet to an existing iron pin; thence along lands now or formerly of Richard D. Shughart and Wilbert L. Diehl, co-partners t/a D&S Custom Homes, North 69 degrees 56 minutes 21 seconds East 313.21 feet to an existing iron pin; thence continuing by the same North 84 degrees 43 minutes 02 seconds East 150 feet to an existing pin; thence by lands now or formerly of William S. Thorpe and Leoda T. Thorpe, South 06 degrees 54 minutes 59 seconds East 111.40 feet to an existing iron pin; thence continuing along Lot No. 1 on the hereinafter mentioned Subdivision South 32 degrees 12 minutes 38 seconds West 87.16 feet to an iron pin; thence continuing along the same South 06 degrees 54 minutes 59 seconds East 119.42 feet to the place of BEGINNING. BEING all of Lot No. 2 of the Final Subdivision Plan for Christopher D. Thorpe and Linda I. Sedell recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 66 , Page 85 . BEING part of the same premises which Christopher D. Thorpe and Linda I. Sedell granted and conveyed to Christopher D. Thorpe and Linda I. Sedell by deed dated October 27, 1989 and recorded in the Office of the Recorder of Deeds in Deed Book 34-G, Page 50 and 36 PA .rlOb6 EXHIBIT ~ also being all of the premises which D & S Custom HOmes granted and COnveyed to Christopher D. Thorpe and Linda by deed dated December 15, 1989 I. Sedell Page 433. and recorded in Deed Book 34-I, THIs is a tax exempt COnveyance for the purposes of Correcting the legal description as reflected on the Subdivision Plan. AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year above written. ~ TN T,E PRESENCE OF : ~hr~t.o~her D/.--,T~F~pe -~ : State of Pennsylvania: County of Cumberland: On this, the ~ day of -~g~-~ , 1993, before me, the undersigned officer personally appeared Christopher D. Thorpe and Linda I. Sedell, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the' purposes therein contained. ',,;r;'.~:,,[g".,A~ , I hereunto se~ my hand and o::icial CARLISLE DORO CU~"~H , ' '~' ~ · *'"'.' ~'' · _ I.~ he~eb~ ce~t~ that the n~eci6 .... ~ .... ~ posc o~lce address o~ ~ .-.~. r _ ~ ~=~u~nce an~ ~Q~p~e~ --:--:', . ~ ~,,~ w~unln nameo r s ' :'"'' '- ,'.: Bottom Road, Newv~lle, PA 17241. ~ ,is 1591 Wa~u.t Attorney for _..~ CO~ONWEALTH OF PENNSYLVANIA: :SS County of : RECORDE~ on this q ~ay of ~ !~ in.th~' R~corder s o~fice D~ ~he _ ~u uo~n~,, in Deed Book Vol /~ :~ , yage /05 ~ ' :" ~ ' ?'%:~' ~%{~. Given ~nder m hand an - ~.-. :.r.~,,..~%~... . Y d the seal of the s ' C~"'.~%h~,~:[%~[ office, the date above written, aid '? ~%'~;~5',';*~: '~':'::" ' ~. ~ ~ , Record ,~' ' U'y~-." ~." ~ ;', ' t ..... ,.~ '. ~., .%..,~,,"...,, - ,;::,,:: -1~....-~...:..-.' . ..~ o~,^.,M~~t o,.~v~u~ '^ STATEMENT OF VALUE Complele each section and file in duplicate wilh Recorder . ~ C. ~5 ~. Telephone Nvmber: ~ Area C~* ( 7J7 4 ~e Slole Zip o · Sl~eel Add~ell PA ~ 17241 $~. oo 2.Check. Appropriate Box Below for Exemption Claimed ,. [] Will or Intestale succession [] Transfer to Industrial Development Agency. CN~m, C),~ ,~ ~ .m, N ., ~. ~ Transfer Io ogenl or ~traw po~y. (Allach copy of agent/straw po~ ogr~ment). ' ' ~ TransEer between principal and ogeE. {AlJach ~opy o( ogencyhlraw lest agreemenlJ.'Ta~ pa;d ~rlor deed ~ ~ransfers Io the Commonweahh, Ihe Un;ted States, and InslrumenlolitJes by gj~, dedJ~llon, condemnalion or In lleu o~ condemnallon. .(Allach cop), of rosa ul;on]. ' ~Transfer from mortgagor lo a holder o~ a mortgage In defau/I. Mo,goge ~ C~rrect~ve deed (Attach copy o~ Ihe prior deed). · ~ Stalu o~ corporole con · ' ' ~ ~ sohdahon, merger or division. (Allach cop), o~ a~;cle,]. :." ~ Olher (PJeo*e ~xp/aln exemplion cla~med, if olher Ihan lisled above.) Underpenohlesofl~w, ldeclarethatlhaveexamlnedthiSSlatement, lndudlng CCom~nylng Information, and fo the best~ (SEE REVERSE) Exhibit "C" 1591 Walnut Bottom Road Property was originally titled in Plaintiff's name alone. Plaintiff bought the property on his own in 1987 and installed heat, well, septic and performed other improvements at the property. Plaintiff contributed $7,000.00 towards the purchase and improvements to the property, and mortgaged debt. Property was not conveyed to Defendant until 1988, at which time Plaintiff and Defendant also acquired a one acre adjacent parcel. The debt on the two properties was combined into one mortgage in both Plaintiff's and Defendant's names. The deeds to the two properties remained separate and titles in both Plaintiff's and Defendant's names. Plaintiff and Defendant occupied the 1591 Walnut Bottom Road property from 1987 until 1994 and jointly paid the mortgage obligations on that property. The parties relocated out of the 1591 Walnut Bottom Road property in 1994, and also continued to jointly pay the obligations on that property until January 2000 at which time Plaintiff moved iinto the 1591 property and started making all payments on this property. Furthermore, in 1997, Plaintiff made improvements to the 1591 Walnut Bottom Road property that totaled $13,862.00, which improvements were necessary to protect and preserve the value of the property. Plaintiff is seeking an adjustment of $20,862.00 on the sale of the 1591 Walnut Bottom Road property, which sum should be first paid to Plaintiff with remaining monies after costs of sale to be split equally between the parties. 1581 Walnut Bottom Road Plaintiff and Defendant purchased this property in joint names. However, all costs of purchase were paid for by Plaintiff with the costs being $15,000.00. The parcel was then subdivided and joined with a portion of the adjacent one acre parcel previously purchased by Plaintiff and Defendant as set forth in the discussion of 1591 Walnut Bottom Road above. Plaintiff and Defendant then took out a joint construction loan and constructed a home on 1581 Walnut Bottom Road, with Plaintiff doing ali of the work himself. Plaintiff and Defendant then moved into the 1581 Walnut Bottom Road property in 1994 and continued to live there and jointly share ali obligations since the summer of 1994 through January 2000. Since January 2000, Defendant has lived exclusively at 1581 Walnut Bottom Road and paid ali bills. Plaintiff asserts a reimbursement of $15,000.00 for his down payment on the 1581 property and asserts a reimbursement of $16,000.00 for his carpentry work in the construction of 1581 Walnut Bottom Road for a total of $31,000.00. Plaintiff is seeking compensation for fair rental value of the 1581 Walnut Bottom Road property occupied by Defendant from January 2000 through October 2001 and current. Plaintiff asserts that the 1581 Walnut Bottom Road property has a fair market rental potential of $750.00 per month. Defendant's cost obligation totals approximately $600.00 which includes the mortgage payment of $464.00 per month and approximately $136.00 per month for taxes and insurance. Additionally, Plaintiff is seeking fifty percent (50%) of the potential profit the property would produce (the difference in rental potential and actual cost obligations totals $150.00) if rented from January 2000 through October 2001 (22 months). This amount totals $1,650.00. Summary Plaintiff requests an adjustment for Plaintiff's contributions to the two parcels of real estate in the total amount of $53,512.00. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. CHRISTOPHER D. THORPE, Plaintiff V LINDA I. SEDELL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA · .:N°' 01-,~ ~ ~ ~,~ ~ : EQUITY ACTION COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above case. Hubert , .E. squire Attorne/v/for Plaintiff Broujo~ and Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717-243-4574 SHERIFF'S RETURN CASE NO: 2001-06775 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THORPE CHRISTOPHER D VS SEDELL LINDA I R. Thomas - NOT SERVED according the within named DEFENDANT SEDELL LINDA I Kline , Sheriff , who being duly sworn to law, says, that he made a diligent search and inquiry for to wit: in his bailiwick. but was He therefore returns the unable to locate Her COMPLAINT - EQUITY the within named DEFENDANT , SEDELL LINDA I NOT SERVED , as to UNABLE TO SERVE PRIOR TO EXPIRATION. SERVICE WAS ALSO ATTEPMTED AT 30 W POMFRET ST CARLISLE. Sheriff's Costs: Docketing 18.00 Service 11.05 Affidavit .00 Surcharge 10.00 .00 39.05 So answers~ ~/ . /- R. THOMAS KLINE SHERIFF OF CUMBERI2%ND COUNTY BROUJOS & GILROY 01/03/2002 Sworn and subscribed to before me this ~--~ day of~ Prot~nohotary SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High S~reet Carlisle, PA Johnna J. Kopecky, Esquire ID # 53147 Saldls, Shuff, Flower & Llndsay 26 West High Street Carlisle, PA 17013-2956 Telephone no,: 717-243-6222 Fax no.: 717-243-6486 e-mail: ikooeckv~ssfl-law.com CHRISTOPHER D. THORPE Plaintiff V. LINDA I. SEDELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI,~ NO. 01-6775 EQUITY TERM Defendant EQUITY ACTION ANSWER TO COMPLAINT AND NOW, the defendant Linda Sedell, by and through her attorneys Saidis, Shuff, Flower & Lindaay respectfully answer the following: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted in part; Denied in part; it is admitted that no Partition or Division of the above described parcel has ever been made, but it is denied that the Plaintiff repeatly demanded that Defendant joint with him to partition, and that defendant has refused to making a partition and division of the property. To plead further, in January of 2000 went the plaintiff left, he took his owe steps in contacting the insurance company and contacting other outside parties and advising them two properties had been divided. 7. Admitted 8. Denied; denied that the plaintiff has contributed more then the defendant in connection with acquisitions of the two parcels of property, and that he is entitled to other adjustments in monetary value. The defendant also request that the properties be partitioned and a division of the real estate be made, but under a fair and equitably settlement rather then the request for relief in plaintiff's position in his wherefore clause. WHEREFORE, the defendant respectfully request your honorable court to order partition of the specify parcels of real estate in a more appropriate manner in consideration of contribution made by both the plaintiff and defendant. By Respectfully Submitted Saidis, Shuff, FIo~ e r &.~L~b~cl?ay JA~r n ea~'/ioKr ~e f~knY(~aEr ~ q u i re/ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Johnna J. Kopecky, Esquire {D # 53147 Saldie, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone no.: 717-243-6222 Fax no.: 717-243-6486 e-mail: jkopeckv~ssfl-law.com CHRISTOPHER D. THORPE LINDA I. SEDELL Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI,~ NO. 01-6775 EQUITY TERM EQUITY ACTION VERIFICATION I verify that the statements made in this Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to the authorities. DaSd: Linda I. Sedell SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEY$*AT*IAW 26 W. High Street Carlisle, PA Johnna J. Kopecky, Esquire ID # 53147 Saidie, Shuff, Flower & Lindeay 26 West High Street Carlisle, PA 17013-2956 Telephone ne.: 717-243-6222 Fax no.: 717-243-6486 e-mail: ikopecky~.ssfl-law.com CHRISTOPHER D. THORPE Plaintiff V, LINDA I. SEDELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6775 EQUITY TERM EQUITY ACTION CERTIFICATE OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served a copy of the Answer to Complaint, on the Parties listed below, by Certificate of Mailing, U. S. First Class Mail postage prepaid which service satisfies the requirement of Pa.R.C.P.No. 440. SERVICE BY FIRST CLASS MAIL, CERTIFICATE OF MAILING TO: Hubert X. Gilmy, Esquire Broujos & Gilmy, P. C. 4 North Hanover Street Carlisle, PA 17013 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: By: CHRISTOPHER D. THORPE, Plaintiff V LINDA I. SEDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 6775 IN EQUITY COURT ORDER AND NOW, this/~day of March, 2002, upon consideration of the attached Petition and in accordance with Pennsylvania Rule of Civil Procedure 1558, counsel for the parties shall attend a preliminary conference in chambers on the ~ day of ~ ,2002 at ~ ~0 /~'-.M. for purposes of considering the following: 1. 2. 3. Whether the parties can agree upon a plan of partition or sale; The simplification of the issues; Whether any issues or matters relating to the carrying out of an Order of Partition shall be referred to a Master; and Such other matters as may aid in the disposition of the action. cc: /~/~sert X. Gilroy, Esquire /J6hnna Kopecky, Esquire BYTHECOURT, ,J. CHRISTOPHER D. THORPE, Plaintiff V LINDA I. SEDELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 6775 ._ : : IN EQUITY PETITION FOR SCHEDULING OF PRELIMINARY CONFERENCE Plaintiff, Christopher D. Thorpe, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 The above captioned action is a partition action whereby Plaintiff sought partition of three parcels of real estate. 2 The Answer filed by the Defendant did not contest the partition action and, at Paragraph 8, stated, "...the Defendant also requests that the properties be partitioned and a division of the real estate be made." 3 Since the parties concur that the real estate should be partitioned, Pennsylvania Rule of Civil Procedure 1558 requires the scheduling of a preliminary conference. WHEREFORE, Plaintiff requests this Honorable Court to schedule a preliminary conference pursuant to Rule 1558. Respectfully submitted, Hubert X. Gilr~., Esquire Attorney fo~'Plaintiff Broujos & Gdrof-'' y, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 CHRISTOPHER D. THORPE, Plaintiff VS. LINDA L SEDELL, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-6775 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this 2. O ' day of March, the preliminary conference in this matter scheduled for May 3, 2002, is rescheduled for May 22, 2002, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Johnna J. Kopecky, Esquire For the Plaintiff Hubert X. Gilroy, Esquire For the Defendant · Hess, J. :rim BROUJOS & GILROY, P.C. ATTORNEY9 AT LAW 4 NORTH HANOVER STREET CARLISLE, pENNSYLVANIA 17013 TELEPHONE: (717) 243-4,574 FACSIMILE: (717) 243-8227 INTERNET:brgilroypc@aoI.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 The Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Thorpe v Sedeii No. 01 - 6775 March 19, 2002 Dear Judge Hess: This letter will confirm that the preliminary conference originally scheduled in the above matter for May 3, 2002 at 9:30 a.m. has been cancelled and has been rescheduled for May 22, 2002 at 2:30 p.m. in your chambers. Sincerely yours, ~roy dca cc: Johnna J. Kopecky, Esquire Christopher D. Thorpe CHRISTOPHER D. THORPE, Plaintiff LINDA I. SEDELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 6775 EQUITY TERM _. : EQUITY ACTION COURT ORDER AND NOW this -~te day of ~, , 2002, after consultation in chambers with counsel for the parties on May 22, 2002, and counsel for the parties indicating that they stipulate to the entry of the following order, it is ordered and directed as follows: 1 Based upon the stated agreement of the parties and pursuant to Pennsylvania Rule of Civil Procedure 1557, it is ordered that the real estate owned by Plaintiff and Defendant located at 1591 Walnut Bottom Road, Newville, Pennsylvania and located at 1581 Walnut Bottom Road, Newviile, Pennsylvania is hereby partitioned. The names of the co-tenants are Christopher D. Thorpe and Linda I. Sedeli. The parties have an equal interest in the real estate subject, however, to any adjustment this court orders based upon the claims raised by the parties in their Complaint and Answer. 2 Stephen W. Barrett is appointed as an independent appraiser for purposes of doing an appraisal of both parcels of real estate which are the subject of this partition action. The parties shall split equally Mr. Barrett's fees in connection with the appraisals. The final appraised value of each parcel of real estate as concluded by Mr. Barrett shall be a conclusive and final value of each parcel of real estate for purposes of division in kind of these two parcels of real estate to the parties. In the event a division in kind is unable to be achieved and one or both parcels of real estate must be sold, the value of that real estate shall be determined based upon the ultimate sale price subject to appropriate adjustments for cost of sale. The parties and their counsel shall not discuss with or disclose to Mr. Barrett any appraisal information previously provided to the parties. 3 Upon the conclusion of Mr. Barrett's appraisals, he shall furnish copies of the appraisals to legal counsel for both parties. In the event the parties are unable to reach a settlement on the case at that time, counsel for either party may contact the court to schedule another preliminary conference pursuant to Pennsylvania Rule of Civil Procedure 1558. ce: Johnna J. Kopecky, Esquire Hubert X. Gilroy, Esquire BY THE COURT, Hess ,J. CHRISTOPHER D. THORPE, Plaintiff LINDA I. SEDELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 6775 EQUITY TERM : EQUITY ACTION PETITION FOR SCHEDULING OF SECOND PRELIMINARY CONFERENCE Plaintiff, Christopher D. Thorpe, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 The above captioned action is a partition action whereby Plaintiff sought partition of three parcels of real estate. 2 After an initial preliminary conference with the court scheduled pursuant to Pennsylvania Rule of Civil Procedure 1558, this court issued a Court Order dated May 31, 2002 directing that appraisements be made of the parcels. Paragraph 3 of the Order indicated that if the parties were unable to reach a settlement after the appraisals were obtained, counsel for either party could contact the court to schedule another preliminary conference pursuant to Pennsylvania Rule of Civil Procedure 1558. 3 The parties have been unable to reach an agreement and the Plaintiff seeks the scheduling of another conference. WHEREFORE, Plaintiff requests your Honorable Court to set a conference in chambers with legal counsel. Respectfully submitted, 4 North Hanover Street Carlisle, PA 17013 (717) 2434574 Supreme Court ID No. 29943 CHRISTOPHER D. THORPE, Plaintiff V LINDA I. SEDELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 6775 EQUITY TERM : EQUITY ACTION COURT ORDER AND NOW this /b-~ day of August, 2002, upon consideration of the attached Petition and pursuant to this court's prior Order of May 31, 2002 and Pennsylvania Rule of Civil Procedure 1558, counsel for the parties shall attend a second preliminary conference in chambers on the ~-~ day of ~ ,2002 at ///OE) ~___.M. for purposes of considering the following: Whether the parties can agree upon a plan of partition or sale. The simplification of the issues. Whether any issues or matters relating to the carrying out of an Order of Partition shall be referred to a Master. Such other matters as may aid in the disposition of the action. CC: Hubert X. Gilroy, Esquire Johnna Kopecky, Esquire BY THE COURT, ,J. CHRISTOPHER D. THORPE, Plaintiff ¥ LINDA I. SEDELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 6775 EQUITY TERM : EQUITY ACTION PETITION FOR SCHEDULING OF SECOND PRELIMINARY CONFERENCe: Plaintiff, Christopher D. Thorpe, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 The above captioned action is a partition action whereby Plaintiff sought partition of three parcels of real estate. 2 After an initial preliminary conference with the court scheduled pursuant to Pennsylvania Rule of Civil Procedure 1558, this court issued a Court Order dated May 31, 2002 directing that appraisements be made of the parcels. Paragraph 3 of the Order indicated that if the parties were unable to reach a settlement after the appraisals were obtained, counsel for either party could contact the court to schedule another preliminary conference pursuant to Pennsylvania Rule of Civil Procedure 1558. 3 The parties have been unable to reach an agreement and the Plaintiff seeks the scheduling of another conference. WHEREFORE, Plaintiff requests your Honorable Court to set a conference in chambers with legal counsel. Respectfully submitted, Hubert X. ~ r~oy, Esqui 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 CHRISTOPHER D. THORPE, Plaintiff VS. LINDA SEDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6775 EQUITY CIVIL ACTION - EQUITY IN RE: SECOND PRELIMINARY CONFERENCE ORDER AND NOW, this :~ ~'~- day of August, 2002, the second preliminary conference in the above captioned matter set for October 7, 2002, is continued to Monday, October 21, 2002, at 9:00 a.m. in the Chambers of the undersigned. BYTHECOURT, '/Hubert X. Gilroy, Esquire For the Plaintiff /Johnna J. Kopecky, Esquire For the Defendant :rlm CHRISTOPHER D. THORPE, Plaintiff V LINDA I. SEDELL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01 - 6775 EQUITY TERM : : :EQUITY ACTION RESPONSE TO RULE TO SHOW CAUSE Plaintiff, Christopher D. Thorpe, by his attorneys, Broujos & Gilroy, P.C., sets for the following: 1 By Order of Court dated December 16, 2002, this Court directed Plaintiff to show cause why he should not be responsible to pay an additional $125.00 per month towards the home equity loan in this case. 2 Plaintiff asserts the following reasons why he should not be ordered to pay $125.00 per month on the home equity loan: A. Plaintiff has been playing a mortgage payment of $369.91 per month which relates to a property which the Plaintiff has occupied, or has maintained control over, and which has a value of $77,000.00. B. Defendant has been paying a monthly mortgage payment of $464.76 on a property that Defendant has occupied and has a value of $143,000.00. C. Defendant has enjoyed the opportunity of living in a home that is twice the value of the property under the control or occupied by Plaintiff. D. A majority of the portion of the home equity loan payment in question relates to monies borrowed for Defendant's purchase of a separate parcel of real estate which is titled in the Defendant's name alone. E. The Plaintiff has expended close to $750.00 in expenses relating to care of jointly owned pets of the Plaintiff and the Defendant as noted in Plaintiff's July 29, 2002 letter to Defendant. Defendant has refused to make contributions towards those expenses despite her clear obligation to do so. WHEREFOR, Plaintiff requests your Honorable Court to dismiss the Rule to Show Cause issued in this matter and deny Defendant's request that Plaintiff be required to make a contribution towards the home equity loan. Respectfully submitted, AttorneyX oGr i lOa t.Elf 'ire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 SAIDIS SHUFF, FLOWER & LINDSAY ATIDRNEY~AT*IAW 26 W. High Street Carlisle, PA CHRISTOPHER D. THORPE, Plaintiff V LINDA I. SEDELL MOWERY Defendant IN THE COURT OF COMMON PLEAS OF CUMBE,RLAND COUNTY, PENNSYLVANIA NO. 01-6775 EQUITY TERM EQUITY ACTION PRAECIPE Defendant in the above-captioned matter, Linda I. Sedell Mowery, hereby advises the Court that she elects to retain the real estate known and numbered as 1581 Walnut Bottom Road, Carlisle, Pennsylvania. Date: Respectfully submitted, R aldls, Esq. Attorney for Defendant Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 717-243-6222 Supreme Court Id No. 21458 SAIDIS SHUFF, FLOWER & LINDSAY A'I'rORI~YS*AT*LAW 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE On this ~O4~ day of January, 2003, I hereby certify that I served a true and correct copy of the foregoing Praecipe upon all parties of record via United States Mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY CHRISTOPHER D. THORPE, Plaintiff VS. LINDA SEDELL MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6775 EQUITY CIVIL ACTION - EQUITY ORDER AND NOW, this /& ~ day of January, 2003, the court declines to make its rule absolute on the grounds that a response was filed one day late. BY THE COURT, Hubert X. Gilroy, Esquire For the Plaintiff Robert C. Saidis, Esquire For the Defendant A. Hess, J. :rlm SAIDIS SHUFF, FLOWER & LINDSAY A'I'rOR~*AT,LAW 26 W. High Street Carlisle, PA CHRISTOPHER D. THORPE~ PLAINTIFF LINDA SEDELL MOWERY~ DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-6775 EQUITY : : CIVIL ACTION - EQUITY MOTION FOR HEARING AND NOW, comes the Defendant, Linda Sedell Mowery, by and through her counsel, Saidis, Shuff, Flower & Lindsay, and files this Motion: Plaintiff, Christopher D. Thorpe, is an adult individual residing at 1591 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania. Defendant, Linda Sedell Mowery, is an adult individual residing at 1581 Walnut Bottom Road, Newville, Cumberland Co unty, Pennsylvania. On December 16, 2002, the parties attended a pre-trial conference before the Honorable Judge Kevin A. Hess, who issued a Rule upon the Plaintiffto show cause why he should not pay the sum of $125.00 per month towards the joint home equity loan of the parties. Such rule returnable within ten (10) days. By Order dated January 16, 2003, Your Honorable Court declined to make the Rule Absolute. WHEREFORE, the Defendant respectfully requests Your Honorable Court to schedule a hearing to determine whether the Plaintiff mu:st contribute toward the joint home equity loan of the parties. Date '~ 2-% .o 7> By: Respectfully submitted, Saidis, Shuff, Flower & Lindsay KirkS. ~ohonage, Esquire Supreme Ct. ID # 77851 26 West High Street Carlisle, Pennsylvania 17011 717.243.6222 Attorney for Defendant SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS*AT**LAW 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY ATI'OIL.~YS~AT.LAW 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements instrument are true and correct. made in the foregoing I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: Llnda,/Sedell Mowery SAIDIS SHUFF, FLOWER & LINDSAY ATrOP. I~YS ,AT,LAW 26 W. High Street Carlisle, PA CHRISTOPHER D. THORPE, PLAINTIFF Ve LINDA SEDELL MOWERY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-6775 EQUITY : CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE On this '//~day of //~i'P"L~/~ , 2003, I, Adele Group, hereby certify that I served a true and correct copy of the foregoing MOTION FOR HEARING upon all parties of record via United States Mail, postage paid, addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY By: Adele Group CHRISTOPHER D. THORPE, PLAINTIFF LINDA SEDELL MOWERY~ DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-6775 EQUITY : : CIVIL ACTION - EQUITY ORDER AND NOW, this ~ day of__~]2' r2~ ~r~,_, ,2003, after reviewing Defendant's Motion for Hearing, it is hereby Ordered and Directed that a hearing be scheduled for the .. /q274' dayof C(,~Ad4/ ,2003, at O','ovO o'clock/W.M, to determine whether the Plaintiff' should be Ordered to pay a portion of the joint home equity loan of the parties. Jo SAIDIS SHIIFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA :'~r¢ 4 4 E?, C '4 ' CHRISTOPHER D. THORPE, Plaintiff VS. LINDA SEDELL MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6775 EQUITY CIVIL ACTION - EQUITY ORDER AND NOW, this ! 7 · day of April, 2003, the motion of the defendant to require the plaintiff to pay approximately $120.00 per month towards a certain home equity loan is DENIED without prejudice. Hearing on the pending partition.matter is set for Wednesday, August 13, 2003, at 9:30 a.m. The parties are directed to file with the court detailed prehearing memoranda, including a proposed resolution and the rationale therefore, not less than two (2) days prior to the date set for the hearing. BY THE COURT, Hubert X. Gilroy, Esquire For the Plaintiff Robert C. Saidis, Esquire For the Defendant :rim . H{~ss, J. ~ CHRISTOPHER D. V LINDA L SEDELL, TO THE PROTHOI~ Please mark the abov HORPE, laintiff )efendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 - 6775 EQUITY TERM : : : EQUITY ACTION ~)TARY: captioned action as settled and discontinued, Respectfully submitted, '~G~Esquire 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court 1D No. 29943